Sun Pharmaceutical Industries Limited & ANR v. Ridley Life-Science Private Limited & ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 809/2017 SUN PHARMACEUTICAL INDUSTRIES LIMITED & ANR ..... Plaintiffs Through Mr.Sachin Gupta, Mr.Jasleen Kaur and Ms.Jyoti Mehra, Advs.
versus RIDLEY LIFE-SCIENCE PRIVATE LIMITED & ORS ..... Defendants Through Mr.Satish Kumar Tripathi and Mr.Amit Kumar Dubey, Advs. for D-1 & 2 with Mr.Ram Kumar Gautam, AR of D-1 and Mr.Deepak Singh, AR of D-2.
Ms.Mala Goel, Adv. for D-3.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
O R D E R
% 25.10.2018 Defendants No. 1 and 2 and the plaintiffs have entered into a settlement before the Delhi High Court Mediation and Conciliation Centre vide settlement agreement dated 20.07.2018. The settlement agreement is duly signed the representatives of the plaintiffs, defendant No. 1 and 2 and by their respective counsel. The terms and conditions of the settlement are legal and valid. The parties to the settlement agreement shall remain bound by the terms and conditions of the settlement agreement.
Accordingly a decree is passed in terms of the settlement agreement in favour of the plaintiff/defendants No. 1 and 2. Regarding defendant No. 3, it appears they have not entered into any settlement agreement. Defendant No. 3 who is said to have been served on 09.04.2018 has not filed the written statement. The right of defendant No. 3 to file the written statement is closed.
In my opinion, this is a fit case to pass a decree against defendant No. 3 under Order 8 Rule 10 CPC I accordingly pass a decree in favour of the plaintiffs and against defendant No. 3 in terms of para 37(a), (b), (c) & (d) of the plaint. Learned counsel appearing for the plaintiffs submits that regarding defendant No. 3 he does not press other reliefs.
In view of the settlement arrived at before the Delhi High Court Mediation and Conciliation Centre, the plaintiff shall be entitled to refund of the court fees.
The suit stands disposed of.
JAYANT NATH, J OCTOBER 25, 2018 rb